Viscount Dilhorne (delivering majority judgment of the Board):

Under the Merchant Shipping Ordinance, 1952, the Pilot Board of Port Swettenham were in control and had supervision of all pilots on their register. They were given power to grant, to withdraw and to endorse pilotage licenses (s. 410). The Pilot Board fixed the number of pilots to whom licences might be granted and that number having been fixed, no new licence could be granted so long as the number of pilots so fixed were present at or near the port in the execution of their duties (s. 411). Licences were granted after examinations and sight tests had been passed (ss. 417 and 418); they might be either permanent or temporary (s. 420) but licence holders might be required once a year and had once in every five years to submit to sight tests and, if owing to changed conditions or for any other reason the Pilot Board considered it necessary, to pass a further examination (s. 419). The pilotage dues were prescribed by the High Commissioner and were charged by the pilots for their services (s. 428).

The Port Authorities Act, 1963, was passed to provide for the establishment of Port Authorities. Section 2(1) enacted